DATE: 20041220

DOCKET: C35734

COURT OF APPEAL FOR ONTARIO

CRONK, ARMSTRONG and LANG JJ.A.

B E T W E E N:

HER MAJESTY THE QUEEN

Susan M. Chapman
for the respondent

Respondent

• and -

MARTIN EDELENBOS

David E. Harris
for the appellant

Appellant

Heard: April 29, 2004

On appeal from the conviction entered by Justice John R. McIsaac of the Superior Court of Justice, sitting with a jury, on May 25, 2000.

S U P P L E M E N T A R Y R E A S O N S F O R J U D G M E N T

LANG J.A.:

[1] On July 5, 2004, this court dismissed the appellant’s appeal from conviction for first degree murder.

[2] Unfortunately, it was not brought to our attention that, in a separate inmate notice of appeal, the appellant also purported to appeal against his sentence.

[3] The sentence for first degree murder is mandatory. Under s. 675(1)(b) of the Criminal Code, an offender may appeal against sentence “unless the sentence is one fixed by law”.

[4] The sentence for first degree murder is fixed by law. Therefore, no appeal lies under that section. An appeal lies under s. 675(2) against the period of parole ineligibility for a person convicted of second degree murder, but that has no application to this case.

[5] As the appellant had no right of appeal against the sentence, that appeal is quashed.

Released: DEC 20 2004
Signed: “Susan Lang J.A.”

EAC “I agree. E.A. Cronk J.A.”

“I agree. Robert P. Armstrong J.A.”